Continuous Composites Inc., announced that the United States District Court for the District of Delaware issued a favorable ruling siding with Continuous Composites that creates a clear path for a trial by jury.Read Article
COEUR D’ALENE, ID – April 6, 2023 – Continuous Composites Inc., a leading innovator in composite 3D printing technology, announced that the United States District Court for the District of Delaware issued a favorable ruling siding with Continuous Composites that creates a clear path for a trial by jury.
A pretrial Markman hearing (also known as “Claim Construction Hearing”) was held on March 8th, 2023, in which the judge heard arguments and ruled on the meanings of six terms found in the asserted patent claims. The judge sided with Continuous Composites on five of the six claim terms. This paves the way for a focused jury trial in December against Markforged (NYSE: MKFG). The case will now be proceeding based upon the claims in Continuous Composites patent number 11,173,660.
“The patent claims remaining in the case were not only construed in Continuous Composites’ favor, but they easily overcame Markforged’s earlier attempt to invalidate them at the United States Patent Trial and Appeal Board. Continuous Composites looks forward to presenting these claims to a Delaware jury in eight months” says William B. Dyer III, lead counsel, Lee & Hayes.
With respect to the asserted claims of the ‘660 patent, Markforged previously alleged they were invalid, but lost on all of these arguments at the Patent Trial and Appeals Board (PTAB) of the USPTO . The jury will now hear the case and decide whether Markforged’s printers infringe the asserted claims.
“We are encouraged that we have gotten through claim construction and there is now a clear path to victory” says Tyler Alvarado, President and CEO of Continuous Composites. “We are extremely confident Markforged is infringing our granted patent claims and we’re excited to present the facts to the jury in December.”